coronavirus / covid-19 response team

© 2021 Miller Johnson. All rights reserved. 1

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Coronavirus / COVID-19 Response Team

UPDATE:June 21, 2021

Sandy Andre

Erik Daly


The materials and information have been prepared for informational purposes only. This is not legal advice, nor intended to create or constitute a lawyer-client relationship. Before acting on the basis of any information or material, readers who have specific questions or problems should consult their lawyer.

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1. Michigan opening to full capacity on June 22? What Governor Whitmer’s Thursday announcement means for businesses and employers

2. PPP loan forgiveness trends, ongoing PPP borrower obligations and other recent SBA developments

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616.831.1731

[email protected]

Sandy Andre

Effective: June 22, 2021

Orders rescinded: Gathering and Face Mask Order (eff 6/1/21)

Temporary Restrictions for Entry into Congregate Care and Juvenile Justice Facilities (eff 10/29/20)

Mandatory Testing for MDHHS Juvenile Justice Facility Staff (eff 9/18/20)

Mandatory Testing for MDHHS Hospitals and Centers Staff (eff 9/14/20)

Exceptions to Temporary Restrictions on Entry into Congregate Care and Juvenile Justice Facilities (eff 6/29/20)

Exceptions to Temporary Restrictions on Entry into Certain Facilities (eff 6/3/20)

Safe Housing for Housing Unstable Individuals (eff 5/12/20)

Handling of Bodily Remains (eff 5/4/20)

Safe Housing for Michigan Homeless (eff 4/28/20)

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Mandatory Testing, Preventative Measures, and Safe Housing for Agricultural Workers (eff 6/11/21)

Requirements for Residential Care Facilities (eff 5/21/21)

Testing in Skilled Nursing Facilities, Homes for the Aged, and Adult Foster Care Facilities (eff 5/5/21)

Mandatory Testing for Prison Staff (eff 2/10/21)

Requirements for Hospitals, Laboratories and Health Professionals (eff 1/13/21)

Funeral director reporting (eff 4/4/20)

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Effective: October 14, 2020; Revised: May 24, 2021

Current Expiration: October 14, 2021

Requirements:COVID-19 Preparedness Plan

Basic Infection Prevention Measures for all employers

Health surveillance for all employers

Workplace controls for all employers

Masking and distancing requirements for unvaccinated staff

Training requirements for all employers

Recordkeeping requirements for all employers

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Signed: October 2020

Effective: Retroactive to March 1, 2020

Amended: December 2020 Isolation= CDC

Quarantine= CDC

Purpose: Michigan’s Isolation and Quarantine requirement Employee tests positive for COVID-19

Employee displays the principal symptoms of COVID

Employee has close contact with an individual who tests positive for COVID-19

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Emergency Temporary Standard for HealthcareAnnounced: June 10, 2021

15 Requirements:

COVID-19 plan

Patient screening and management

Standard and Transmission-Based Precaution

PPE

Aerosol-generating procedures on a person with suspected or confirmed COVID-19

Physical distancing

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Emergency Temporary Standard for Healthcare (cont.) 15 Requirements (cont.)

Physical barriers

Cleaning and disinfection

Ventilation

Health screening and medical management

Vaccination

Training

Anti-Retaliation

Recordkeeping

Reporting COVID-19 fatalities and hospitalizations to OSHA

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Federal OSHA Guidance Effective: January 29, 2021

Revised: June 10, 2021

“OSHA provides this guidance for employers as recommendations to use in protecting unvaccinated or otherwise at-risk workers”

11 recommendations; several mirror current Michigan requirements (MDHHS, MIOSHA, COVID-19 ERA)

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Understand what MDHHS Orders will continue to apply to your organization and maintain compliance

Maintain compliance with MIOSHA Emergency Rule’s mitigation requirementsWATCH for a MIOSHA Announcement on Tuesday

JOIN US on Wednesday

Maintain compliance with Michigan COVID-19 ERA’s isolation and quarantine protocols

Understand whether federal Emergency Temporary Standard applies to your facility

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616.831.1723

[email protected]

Erik Daly


SBA’s public-facing PPP loan forgiveness data has not been updated since May 24, 2021

However, many more $2M+ PPP borrowers have started reporting SBA loan forgiveness

Minority of $2M+ PPP borrowers and even smaller share of other PPP borrowers are receiving additional requests for information/explanation (beyond the Forms 3509/3510)Contact counsel and accountants very quickly after receiving any

requests for additional information

Turnaround time is usually very short

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Even for PPP borrowers who received full forgiveness, don’t forget: “The Borrower must retain all [PPP loan] documentation in its files for six years after the date the loan is forgiven or repaid in full, and permit authorized representatives of SBA … to access such files upon request. The Borrower must provide documentation independently to a lender to satisfy relevant Federal, State, local or other statutory or regulatory requirements or in connection with an SBA loan review or audit.”

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So, make sure you take time to collect your PPP loan calculation, administration, forgiveness and other supporting documentation, if you have not already done so

Store these materials in a secure, safe location, with access by several longer-term employees, in case SBA or another governmental authority follows up for an audit or reviewConsider working with counsel to store files or if you have any

questions about what you must retain

Post-forgiveness reviews could arise from OIG audits, employee whistleblower accusations, IRS/DOJ referrals, etc.

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SBA pivoting from administering acute forgivable loan and grant programs to longer-term initiatives, such as SBA Community Navigator Pilot ProgramHowever, EIDL Targeted Advances still available to some businesses

Shuttered Venue Operator Grant (SVOG) program still accepting applications as well

State and local governments may use some American Rescue Plan Act funds to create their own mini-grant or –loan programs similar to SBA relief, but with more local focusMJ team will be working to track these programs in key regions

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